Consumer Protection from Unfair Trading Regulations 2008
{{Use dmy dates|date=April 2022}}
{{Infobox UK legislation
|short_title = Consumer Protection from Unfair Trading Regulations 2008
|type = Statutory Instrument
|parliament = Parliament of the United Kingdom
|year = 2008
|citation = SI 2008/1277
|introduced_by = Gareth Thomas
|introduced_commons =
|introduced_lords =
|territorial_extent = {{ubl|England and Wales|Northern Ireland|Scotland}}
|si_made_date = 8 May 2008
|si_laid_date = 3 March 2008
|commencement = {{start date|2008|05|26|df=y}}
|repeal_date =
|replaces = {{ubli|Fraudulent Mediums Act 1951|Mock Auctions Act 1961|etc.}}
|amends = {{ubli||Trade Descriptions Act 1968|etc.}}
|primary_legislation = European Communities Act 1972
|eu_directives = Unfair Commercial Practices Directive 2005
|amendments =
|related_legislation =
|repealing_legislation= Digital Markets, Competition and Consumers Act 2024
|status = revoked
|original_text =
|legislation_history =
|use_new_UK-LEG = yes
|UK-LEG_title =
|revised_text =
|theyworkforyou =
|millbankhansard =
}}
The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) is a statutory instrument in the United Kingdom made under the European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the Trade Descriptions Act 1968 (c. 29), which it largely repeals. It was designed to implement the Unfair Commercial Practices Directive, as part of a common set of European minimum standards for consumer protection.
Contents
The regulations introduce new rules about consumer protection and the responsibility of businesses to trade fairly. It places a general duty on traders not to trade unfairly.
The regulations also include a blacklist of 31 banned trading practices.
Enforcement
In February 2011, Safestyle UK became the first company to be prosecuted under the regulations. In an action{{Cite web |url=http://www.thisisscunthorpe.co.uk/news/Company-left-cold/article-3182713-detail/article.html |title=Windows firm hit with £22k bill after persistent cold-call visits |date=4 February 2011 |website=This Is Scunthorpe |access-date=2011-02-11 |archive-url=https://web.archive.org/web/20110207020452/http://www.thisisscunthorpe.co.uk/news/Company-left-cold/article-3182713-detail/article.html |archive-date=2011-02-07 |url-status=dead }} brought by North Lincolnshire Council Trading Standards Department they were found guilty under paragraph 25 (ignoring a request not to return){{cite web| url = http://www.legislation.gov.uk/uksi/2008/1277/schedule/1/made| title = The Consumer Protection from Unfair Trading Regulations 2008}} and fined £4000 with £18,000 costs for repeatedly calling on a consumer in Scunthorpe.
Also in 2011 in OFT v Ashbourne Management Services Ltd and others, [2011] EWHC 1237, the High Court ruled that certain minimum gym membership periods and cancellation notices contravened the Unfair Terms in Consumer Contracts Regulations 1999, and also that the defendants' debt collection practices, whereby they threatened to report members credit reference agencies as being in default, contravened the 2008 Regulations.PLC Commercial, [https://uk.practicallaw.thomsonreuters.com/3-506-4863?contextData=(sc.Default)&transitionType=Default&firstPage=true High Court finds that gym membership contracts were unfair], accessed 7 May 2024
See also
References
{{reflist}}
External links
- [https://www.legislation.gov.uk/uksi/2008/1277/contents Text of the Regulations], from legislation.gov.uk
- [http://news.bbc.co.uk/1/hi/business/7416809.stm BBC News - New rules for consumer protection]
Category:United Kingdom contract law
Category:Statutory instruments of the United Kingdom
Category:Consumer protection in the United Kingdom
Category:Consumer protection legislation
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